Lawrence G. Walters’s Answers

Lawrence G. Walters

Longwood Internet Lawyer.

Contributor Level 11
  1. INCORPORATING AN INTERNET BUSINESS

    Answered over 2 years ago.

    1. Lawrence G. Walters
    2. Thomas Wirt Hargrove
    3. Bryant Keith Martin
    3 lawyer answers

    You can incorporate your business in any state, and the corporate laws of each state vary. Some clients choose to incorporate in states which allow more privacy for those involved with the corporation. An attorney can help you decide where to incorporate. You might also consider diversifying your risks by forming an Intellectual Property holding company that owns all domain names, trademarks and copyrights associated with the enterprise, and a separate company to operate the online business....

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  2. My ex is posting nudes pics of me on twitter and facebook

    Answered over 2 years ago.

    1. Lawrence G. Walters
    2. Barry Franklin Poulson
    3. John Robert Sauter
    3 lawyer answers

    This is a common concern on this board. Essentially, you have two potential legal claims against the poster - violation of your right of privacy (if the images were taken without your knowledge or consent), and violation of your right of publicity (if the images were published without your consent). Since nudity is prohibited on FB and Twitter, you should be able to report the images to the abuse department of these sites, and get them taken down. If you own the copyright to the images (i.e....

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  3. Is it illegal to promote virtual casinos while residing in the United States?

    Answered 2 months ago.

    1. Lawrence G. Walters
    2. Samuel Joseph St. Romain
    3. Andrew Mark Jaffe
    4. Francine Denise Ward
    5. Salar Atrizadeh
    5 lawyer answers

    The Department of Justice has declared that advertising online casinos constitutes illegal aiding and abetting of gambling activity, if the gambling services are offered to U.S. citizens. An affiliate relationship is a form of advertising, so there is a legal risk. The DOJ's legal position is somewhat untested, and there may be First Amendment concerns with criminalizing commercial speech. However, many large advertisers, such as Google and Yahoo!, have paid millions of dollars in fines based...

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  4. Slander vs. legally acceptable information.

    Answered 3 months ago.

    1. Lawrence G. Walters
    2. Peter Christopher Lomtevas
    3. Eric Edward Rothstein
    4. Andrew Mark Jaffe
    4 lawyer answers

    Stating true facts on a blog, such as the details of an arrest, is constitutionally protected under the First Amendment. Stating your opinion about an individual is also protected speech. Making further unsupported assumptions as to guilt/innocence, or stating facts that are not true ,may constitute defamation, and result in a lawsuit. If you are concerned about legal liability, you should consider having an Internet attorney review your proposed blog content, or give you some general...

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  5. How do I begin an internet based store only (no physical location) in Texas that will sell cosmetics and spa products?

    Answered over 2 years ago.

    1. Lawrence G. Walters
    2. John Hung Vong
    2 lawyer answers

    In addition to the licensing issues, it is important that you draft online agreements addressing use of the site by customers, and the potential purchases/refunds. You should also create a privacy policy. Finally, you should consider copyrighting any expressive elements of your site, and potentially trademarking your brand name, to deal with future cybersquatting and piracy issues. Best of luck in your online business.

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  6. Website and user generated content

    Answered 7 months ago.

    1. Lawrence G. Walters
    2. Robert Scott Lawrence
    3. Eric William Misterovich
    4. Frank A. Natoli
    5. Andrew Mark Jaffe
    5 lawyer answers

    Websites that accept or encourage user generated content have very unique legal concerns that should be evaluated and addressed by an Internet attorney before launch. At a minimum, you will want to set up DMCA safe harbor by designating an agent with the Copyright Office, posting your Notice & Takedown Policy, implementing a Repeat Infringer Policy, and creating a DMCA log. You'll also want to set up Section 230 immunity for non-IP-based claims by adopting certain internal operating procedures...

    5 lawyers agreed with this answer

  7. Does My Bff have a case?

    Answered 4 months ago.

    1. Lawrence G. Walters
    2. Andrew Mark Jaffe
    2 lawyer answers

    This isn't really a Free Speech / First Amendment issue, since the church is not a governmental entity, and can presumably oust anyone from the choir for any reason, or no reason at all (absent a contract that provides otherwise). If the church sued your BFF for defamation, the First Amendment might come into play. However, as far as participating in a choir, the church is free to pick who they want to be involved. The courts are very deferential to church decisions, to avoid entangling the...

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  8. Can I press charges for extortion? Guy threatening violence and threatening to post nude videos of me all over the internet...

    Answered 26 days ago.

    1. Lawrence G. Walters
    2. Andrew Mark Jaffe
    3. Salar Atrizadeh
    3 lawyer answers

    Unfortunately, Florida has not passed a 'Revenge Porn' law yet, so your options would come down to getting law enforcement interested in the case by filing a police report, or pursuing a civil action for extortion, outrage, and possibly other claims. If you took the pictures yourself, you presumably own the copyright to them, and could file a suit for copyright infringement, if your Ex does post them. Notably, you would need to register your copyrights with the US Copyright Office before filing...

    3 lawyers agreed with this answer

  9. How can I sue for defamation of character in the state of FL?

    Answered 3 months ago.

    1. Lawrence G. Walters
    2. William Eugene Johnson
    3. Andrew Giles Freda
    4. Kendra L. A. Stephen
    4 lawyer answers

    A defamation suit can be filed like any other lawsuit: By preparing a complaint and filing the document with the clerk of the court. Whether that's your best option is something that an attorney should help you decide. Defamation claims require that you prove the defendant made false statements of fact about you to third parties, which caused you damages. The lies to your boyfriend's employer may qualify for him, depending on exactly what was said. Expressing one's opinion is not enough for a...

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  10. Is "Ageplay" between 2 adults illegal?

    Answered 7 months ago.

    1. Stephen Andrew Mosca
    2. Christopher Robert Dillingham II
    3. Lawrence G. Walters
    3 lawyer answers

    Unfortunately the law in Florida is not good in this area. The courts have essentially ruled that the defendant's 'belief' that the correspondent was underage is all that matters, even if both parties were adults. That said, I firmly believe the statute prohibiting erotic conversation between adults engaged in age play is unconstitutional, and violates the dormant commerce clause. I'd be happy to share my legal briefing on the issue with your current attorney, if desired.

    3 lawyers agreed with this answer